NY Bar Contracts and UCC 2

Question 1

A seller delivers non-conforming goods to a buyer under a UCC contract. Under the perfect tender rule, the buyer may:

Accepted Answer

Reject all the goods, accept all the goods, or accept any commercial unit and reject the rest

Answer

Accept the goods and reduce the price proportionally

Answer

Only reject the goods if the defect is material

Answer

Only accept or reject the entire shipment

Question 2

Anticipatory repudiation occurs when a party to a contract:

Accepted Answer

Unequivocally indicates before the time for performance that they will not perform

Answer

Breaches the contract after the time for performance

Answer

Requests a modification to the contract terms

Answer

Performs partially and then stops

Question 3

Under the doctrine of impossibility of performance, a contract is discharged when performance becomes impossible due to:

Accepted Answer

The death or incapacity of a person whose performance is essential to the contract

Answer

An unforeseen event that makes performance more expensive

Answer

A party's financial insolvency

Answer

Changes in market conditions

Question 4

In a contract for the sale of goods, which of the following is an express warranty under the UCC?

Accepted Answer

A sample or model that becomes part of the basis of the bargain

Answer

A statement of opinion about quality ('This is a great car')

Answer

The seller's compliance with title requirements

Answer

The fitness of the goods for ordinary purposes

Question 5

The implied warranty of merchantability under UCC §2-314 requires that goods be:

Accepted Answer

Fit for the ordinary purposes for which such goods are used

Answer

Fit for the buyer's particular purpose

Answer

Of the highest quality available on the market

Answer

Conform to any description in the contract

Question 6

Under common law contract doctrine, which of the following is NOT a valid method of contract acceptance?

Accepted Answer

Rejecting the offer and then later accepting the same terms

Answer

Starting performance of a unilateral contract

Answer

Mailing an acceptance letter for a bilateral offer (mailbox rule)

Answer

Silence when there is a duty to speak